Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons served on predecessor in title of defendant - Not sufficient service - Ex parte decree set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 105, 105 -- Dishonour of cheque - Execution of non bailable warrants against a person living in United States - All steps taken to procure presence of accused failed - Procedure resorted to u/ss 82 & 83 Cr.P.C. and non bailable warrants issued - Accused living in United States - Execution..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Bank deposits - Nominee - Will - Bank deposits released to the legal heirs as per Will of the deceased - depositor - Plea of the appellant he alone was entitled for the deposits being nominee of the deceased depositor in terms of provisions 1959 Act - Held that Act, 1959 only applicable to the post office deposits etc. and..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Deficiency in service - Compensation - Second complaint - Maintainability of complaint - Vehicle was given for repair to the respondent being authorized service center for Maruti car - The car had completely destroyed in fire due to negligence of the respondent - Complainant - appellant filed complaint against..........
Consumer Protection Act, 1986, Section 2(1)(g), 14{1)(d) -- Post Office Act, Section 6 - Registered letter - Containing Bank draft not reaching destination - Deficiency in service - Compensation - Relying upon Section 6 of the Post Office Act plea by appellant-OP that its liability could not be more than Rs.100/- repelled - Appellant has not come out with his version as to..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Government Saving Banks Act, 1873, Section 15 -- Post Office Time Deposit Account - In terms of Notification issued by the Central Government no Time Deposit to be made or accepted on behalf of any institution w.e.f. 1.4.1995 - Deposit made by appellant and the same accepted by Post Master because of the lack of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Government Saving Banks Act, 1873, Section 15 -- Post Office Time Deposit Account - In terms of Notification issued by the Central Government no Time Deposit to be made or accepted on behalf of any institution w.e.f. 1.4.1995 - Deposit made by appellant and the same accepted by Post Master because of the lack of..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered only when one of the following conditions is satisfied (i) the defendant is keeping himself away to avoid service of summons; or (ii) for any other reason, the summons cannot be served in the ordinary way - Non fulfilment of either condition necessary for exercise of power would amount to..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered when defendant cannot be served in the ordinary way though defendant may not be avoiding or evading service of summons and yet it may not be practicable to effect personal service upon him, e.g. where the defendant is a pardanashin lady, or is missing, or her whereabouts are not known, or..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Court not to order substituted service in absence of material before the Court that defendant was avoiding service and/or that it was not possible to serve the summons on the defendant in the ordinary course...........
